~ Strathmore University Centre for Intellectual Property and Information Technology Law (CIPIT)

Daily Archives: September 3, 2015

Expert determination is a form of alternative dispute resolution mechanism in which the parties agree to submit the dispute to an expert who makes a determination on it. The determination is normally binding but the parties can agree otherwise.

The main features of expert determination include: consensual – it works on agreement by the parties; expert selection – the parties choose the expert with the skills relevant to the subject matter at hand; confidential – the proceedings and the findings cannot be disclosed except on agreement by the parties or for the purpose of legal proceedings; and flexible – the parties together with the expert can determine the venue and time of the proceedings and there is therefore the benefit of an informal and expeditious process.